How are holidays worked out when you get more than state min?

getmore4less

tightauldgit said:

getmore4less said:

penners324 said:

As a payroll person I'd calculate 25/12 x number of months into the year.

Bank Holidays get ignored

Which is contrary to the legal position.

There are statutory calculations that need to be followed.

That approach could fall short.

Provided you are getting more than the statutory minimum surely any approach is legal provided its consistently applied across the business?

Only if the part year calculation does that.

Only using 25 days and months  can fall short.

getmore4less

Recovery of overpaid statutory holidays requires a clause in the contract.

A company is not legally entitled to deduct excess holiday payments without that clause.

General_Grant

tightauldgit said:

getmore4less said:

penners324 said:

As a payroll person I'd calculate 25/12 x number of months into the year.

Bank Holidays get ignored

Which is contrary to the legal position.

There are statutory calculations that need to be followed.

That approach could fall short.

Provided you are getting more than the statutory minimum surely any approach is legal provided its consistently applied across the business?

25 days is not the statutory minimum, at least not for someone working 5 or more days a week.
So the calculation in question (25/12 x months worked) would not be allocating the statutory allowance.  The BHs have to be considered.  Whether ultimately a person was given the statutory allowance would depend on when the BHs occurred and whether or not they were worked.

Marcon

beckysheffield said:

TELLIT01 said:

I certainly wouldn't assume that the holiday entitlement is rounded up to the next full day.  The company might even break it down to the nearest hour.

We take hourly holiday, not days, so hourly would be about right. 

If you get sat min I’m pretty sure I read they have to round up. 

The policy just says our system will calculate it….but doesn’t state how. 

Asking your employer would seem to be the simplest starting point, particularly looking at the amount of speculation/various methods being outlined in reply to your question!

beckysheffield

getmore4less said:

Recovery of overpaid statutory holidays requires a clause in the contract.

A company is not legally entitled to deduct excess holiday payments without that clause.

Wow…. Why would that be the case?